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HomeMy WebLinkAbout2024-03-05 Planning Board Minutes �� � � . ���i� � �; ������ ��'� � �'�a"�Q��'� �� � __T _ .. �a � o I��V.EL,���E1`�T . � CITY �� BANGCaR. PT.,hNtluI1�IC DIVIS[C�V�I PLANNING BOARD TUESDAY, MARCH 5, 2024, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Chair Reese Perkins Michael Bazinet Jonathan Boucher Trish Hayes Donald Meagher Joshua Saucier Janet Sanborn Jonas (via Zoom; voting in place of Vice Chair Ted Brush) Citv Staff Present: Anja Collette, Planning Officer Brian Scannell, Planning Analyst Grace Innis, Assistant Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. OTHER BUSINESS 1. Zone Chanqe — Grandview Avenue - Map-Lot R41-023-A — Parks & Open Space (P&O) to Multifamilv & Service District (M&SD) - To amend the Land Development Code by changing a parcel of land, located on Grandview Avenue, Map-Lot R41-023-A, from Parks & Open Space (P&O) to Multifamily & Service District (M&SD). Said area of land contains approximately 10.5 acres total. Applicant/Owner: City of Bangor. — Request for postponement Chair Perkins introduced the request for postponement due to inability to notify abutters in a timely manner. Member Saucier moved to postpone the agenda item to the next meeting on March 19, 2024, seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. OLD BUSINESS 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207)945-4447 WWW.BANGORMAINE.GOV City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 2. Zone Chanqe — 108 Odlin Rd - Map-Lot 002-009 — Neiqhborhood Service District (NSD)/Urban Residence 1 District (URD-1)/Urban Service District (USD) to Urban Service District (USD) for the entire Iot=To amend the Land Development Code by changing a parcel of land, located at 108 Odlin Road, Map-Lot 002-009, from Neighborhood Service District (NSD)/Urban Residence 1 District (URD-1)/Urban Service District (USD) to Urban Service District (USD)for the entire lot. Said area of land contains approximately 6.27 acres total. Applicant/Owner: Bangor Lodge #244 B.P.O. Elks. Chair Perkins gave background on the discussion of this agenda item at the last meeting on February 20, 2024. Jason Worster, Bangor Lodge of Elks #244, presented to the podium. Presented research on original development approval and past zone changes. Gave additional overview on requested zone change and proposal to expand parking. Chair Perkins asked about proposed office addition at rear of building, and whether this could be done without zone change. Worster responded that he is unsure. Described current parking arrangements, property layout, and buffers. Chair Perkins gave overview of staff proposals introduced at last meeting. Asked staff for any additional comments — there were none. Planning Officer Anja Collette noted that members should present their reasoning when voting on this proposal. Chair Perkins asked the Board for any questions/comments. Member Boucher asked if there was anything in the Comprehensive Plan about moving away from contract zoning. Planning Officer Collette responded that there is no known reason to avoid contract zoning. Member Saucier commented that approval of zone change may remove any leverage to require wider buffers at development proposal stage. Planning Officer Collette responded that leverage exists in Board's authority to approve or deny the development proposal. Clarified buffer requirements and ability to condition further approvals on wider buffers. Saucier asked if additional parking had been added with past building additions and whether current parking meets requirements based on building square footage. Collette responded that she does not know for sure, but assumes all previous development approvals met existing parking codes at those times. Member Bazinet commented that he is in favor of approving proposal with conditions placed on further development approvals. Chair Perkins opened the public comments and noted that only the zone change proposal is being discussed this evening. Page 2 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 Mr. Thomas, member of the public, presented to the Board. Confirmed there is agreement on existing residential buffer. Noted that applicant purchased the subject property with existing zoning in place. Speculated on reasons for existing residential zoning on portion of property, and expressed feeling that this was intended to be a protection for neighboring properties. Stated that he is opposed to zone change proposal. Commented on proposal for additional parking and expressed feeling that this is unnecessary. Chair Perkins noted that parking discussion is not relevant to discussion of zone change. Thomas expressed disagreement. Asked if public can comment on any further development proposals — Perkins responded that they can and clarified the process. Christine Babin, member of the public, presented to the Board. Stated that she has discussed concerns with both her attorney and City staff. Gave overview of these discussions and stated opposition to the zone change proposal. Member Saucier clarified location of Babin's property and property lines with her. Planning Officer Collette clarified that, if proposal were approved, there would still be a setback requirement,just no buffer requirement. Jeremy Lehan, member of the public, presented to the Board via Zoom. Expressed opposition to the zone change proposal. Feels existing zoning is adequate for the Elks Lodge's needs. Chair Perkins closed the public comments. Worster returned to the podium to respond to comments. Clarified some confusion regarding Babin's property and changes made to meet setback requirements. Added that new information has changed the Lodge's plans since they last discussed proposals with Babin personally. Described work done to improve on impact of noise levels in the neighborhood. Member Saucier asked about parking setback requirements. Discussed possible compromises with Worster. Member Saucier stated that he feels existing zoning is intended to protect neighboring properties and that he is opposed to the zone change proposal for this reason. Member Hayes expressed approval for placing conditions on further development approvals; Alternate Member Jonas agreed. Member Meagher commented that buffer requirements could require vegetation, fencing, etc. instead of just a measurement between property lines. Also expressed approval for placing conditions on further development approvals, but added that any buffering conditions should include maintenance of said property. Member Boucher also expressed approval for placing conditions on further development approvals. Chair Perkins expressed approval for asking applicant to return with request for contract zoning, due to concerns over future uses by any succeeding owners of the property. Member Meagher commented on this concern and asked if Board would be involved in changes of use. Planning Officer Collette clarified Page 3� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 this process and noted that Board approval would only be required if the proposed new use is conditional. Meagher expressed agreement with Perkins' concerns. Member of the public, Mr. Thomas, asked if any future owners of the property could request removal of any development conditions instituted by the Board, if this option is chosen. Chair Perkins responded that property owners always have freedom to request changes. Member Bazinet commented that contract zoning might help with this concern, to ensure more protection for neighboring properties. Planning Officer Collette noted that contract zoning cannot limit uses of a property, only dimensional controls or operational controls. Board members discussed this option with Collette. Member Bazinet expressed approval for asking applicant to return with request for contract zoning. Planning Officer Collette clarified process for making a motion on this proposal and discussed with Board members. Member Meagher moved to recommend to City Council that the proposal to amend the Land Development Code by changing a parcel of land, located at 108 Odlin Road, Map-Lot 002-009, from Neighborhood Service District (NSD)/Urban Residence 1 District (URD-1)/Urban Service District (USD) to Urban Service District (USD) for the entire lot, ought to pass. Seconded by Member Boucher. Roll call vote conducted as follows: • Alternate Member Jonas opposed, with recommendation that applicant return to Board with proposal for contract zone • Member Bazinet opposed, with recommendation that applicant return to Board with proposal for contract zone • Member Saucier opposed, with recommendation to maintain existing zoning • Member Meagher opposed, with recommendation that applicant return to Board with proposal for contract zone • Member Boucher in favor, preferring conditions to be placed during site plan review • Member Hayes in favor, preferring conditions to be placed during site plan review • Chair Perkins opposed, with recommendation that applicant return to Board with proposal for contract zone Two members in favor, five opposed — recommendation to City Council that the proposal ought not to pass. NEW BUSINESS PUBLIC HEARING — LAND DEVELOPMENT PERMITS 3. Land Development Permit — Maior Site Development and Maior SLODA Modification — 287 Godfrev Boulevard — Map-Lot 001-001 - Land Development Permit Application — Site Development Plan and Major SLODA Modification for proposed construction of a 6,OOOsqft Page 4�9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 connector building between DAB and IAB, with installation of a generator near existing staff parking, at property located at 287 Godfrey Boulevard, Map-Lot 001-001, in the Airport Development District (ADD). Applicant/Owner: Bangor International Airport. Chair Perkins introduced the agenda item and asked Board members for any questions/concerns regarding application completeness or possible conflicts of interest—there were none. Applicant agent, Randy Bragg of Carpenter Associates, presented to the podium and gave overview of application. Chair Perkins asked staff for any additional comments. Planning Officer Collette gave overview of questions from Alternate Member Jonas sent by email to staff prior to meeting, regarding agency letters for application and whether more recent letters should be requested. Collette stated that MHPC letter and MDIFW letters are considered adequate following staff review, but noted Board could condition approval on receiving updated letters if inembers feel necessary. Member Saucier asked if NEPA permitting is required due to project being funded by FAA. Bragg responded that Carpenter Associates is not responsible for that portion of project. Chair Perkins asked staff to clarify SLODA requirements — Planning Officer Collette responded with requested clarification. Perkins also asked about DEP letter included in packet, and whether approval needs to be contingent on DEP approval of SLODA permit. Collette responded that Board could make this a condition, but staff does not feel it is necessary. Chair Perkins asked about the location of fuel tank for generator — Bragg responded that, as currently proposed, it will be under the generator. Chair Perkins opened the public comments —there were none. Public comments closed. Member Saucier commented that he feels all BIA projects are improvements on previous military use of site. Chair Perkins introduced the findings of decision. Member Boucher asked whether final decision will be additional motion; Perkins confirmed that it will be. Member Boucher moved that the Board find that the application was deemed completed on March 25, 2024, seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that the proposed project is a Major Site Development and a Major SLODA Modification, seconded by Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Page 5 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 Member Bazinet moved that the Board find that, based on Sheet 9 in Exhibit 2, the applicant satisfied Land Development Code §165-33.1's requirements surrounding Erosion and Sediment Control. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on the narrative in Exhibit 10, the applicant satisfied Land Development Code §165-72.Q regarding providing sufficient spaces for employees. Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 35 and Sheet 4 of Exhibit 2, the applicant satisfied the Land Development Code § 165-80 requiring connections to the public water and sewer system when possible. Seconded by Member Saucier. Roll call vote conducted—all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibit 5, the applicant satisfied the Land Development Code § 165-81 requiring appropriate lighting, in accordance with regulations on intensity, direction, and height. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 50, the applicant satisfied the Land Development Code § 165-82 requiring fire protection. Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibit 5 and Sheet 4 of Exhibit 2, the applicant satisfied the Land Development Code § 165-83 requiring adequate electrical services. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibits 5, 35, and Sheet 4 of Exhibit 2, the applicant satisfied the Land Development Code § 165-85 and §165-86 requiring compliance with submitting information of anticipated sanitary flows and compliance with sewer regulation. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that the standards in Article XIX are not applicable to this Project. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on the findings made in Parts 1 and 2 of this document, the Project meets the requirements of § 165-95.B for uses within the Airport Development District (ADD). Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied Land Development Code §165-114.B's requirement that the proposed parking and loading layout are arranged in a reasonable and safe configuration. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 6 � 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 Member Bazinet moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied Land Development Code §165-114.C's requirement that all proposed access drives from the site to any public right-of-way are reasonably necessary and safe. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibits 2, 30, and 44, the applicant satisfied Land Development Code §165-114.D's requirement that stormwater runoff from the proposed development will not have an unreasonable adverse effect on abutting or downstream properties or protected resources, and that all downstream channels or municipal stormwater collection systems have adequate capacity to carry the flow without significant negative effects. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that the applicant satisfied Land Development Code §165- 114.E's requirement that all outdoor lighting shall be designed, installed, and maintained to avoid unreasonable adverse effects from light pollution, as shown in Exhibit 5. Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied Land Development Code §165-114.F's requirement that existing tree growth shall be preserved where possible. Seconded by Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied Land Development Code §165-114.G's requirement that the location of the building meets all required setbacks and is situated to avoid unreasonable adverse effects on adjacent properties or public rights- of-way. Seconded by Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibits 3, 4, and 16-38, the applicant satisfied Land Development Code §165-114.J's requirement that the Project meet the standards of 38 M.R.S.A. § 484 and the requirements of the Department of Environmental Protection regulations, Chapters 371- 373, 375-377, and 500. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that the project meets the requirements for a Land Development Permit for a Major Site Development and a Major SLODA Modification, and that therefore the Board grant the Land Development Permit for the proposed Project. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 4. To amend the Code of the City of Bangor by creating regulations and allowances for Co-living Dormitories. Page ��9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 Chair Perkins introduced the agenda item and noted that it had been discussed at a previous meeting. Asked the Board for any questions or comments. Member Saucier asked if the proposal is subject to City Council approval —Chair Perkins responded that it is. Chair Perkins opened the public comments. Member of the public, Mr. Hamilton, presented to the Board via Zoom. Stated that he is in favor of the proposal and appreciative of staff efforts to add this use to the City code. Noted that he is aware of several potential projects meeting this use. Expressed support for proposed common space requirements. Planning Officer Collette clarified amendments made to common space requirements in final draft of proposal. Member Hayes asked if common space would include shared bathrooms. Planning Officer Collette stated there could either be shared bathrooms or an individual bathroom per room; stated that the definition focused more on the shared kitchens being a requirement for fire safety purposes and to match the definition of dormitory in the building and fire codes as much as possible. Member Boucher asked if there would be a sprinkler requirement for these facilities similar to other buildings with 3 or more dwelling units. Planning Officer Collette responded that she feels sure they would be required for these facilities and that these would need to meet the same requirements as for a college dorm. Also noted that Fire Prevention and Code Enforcement were heavily consulted in drafting this proposal. Chair Perkins also noted that by definition, these facilities would have more than 3 units, therefore requiring sprinklers. Chair Perkins closed the public comments. Member Saucier moved that the Board recommend to City Council that the proposal to amend the Code of the City of Bangor by creating regulations and allowances for Co-living Dormitories ought to pass. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. 5. To amend the Land Development Code, §165-102(D)(5) [General Commercial and Service District (GC&S), Conditional Uses —Warehousing or wholesaling of goods & materials] by changing the square footage condition to match that of §165- 101(D)(6) [Shopping and Personal Service District (S&PS), Conditional Uses — Warehousing or wholesaling of goods & materials]. Chair Perkins introduced the agenda item and asked staff to provide context— Planning Officer Collette responded with requested clarification. Chair Perkins asked the Board for any questions or comments —there were none. Page 8 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March 5, 2024 Chair Perkins opened the public comments —there were none. Public comments closed. Member Saucier moved that the Board recommend to City Council that the proposal to amend the Land Development Code, §165-102(D)(5) [General Commercial and Service District (GC&S), Conditional Uses—Warehousing or wholesaling of goods & materials] by changing the square footage condition to match that of§165-101(D)(6) [Shopping and Personal Service District (S&PS), Conditional Uses — Warehousing or wholesaling of goods & materials] ought to pass. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 6. Meeting Minutes — February 20, 2024 Member Bazinet moved to approve the meeting minutes, seconded by Member Hayes. All voting members in favor, none opposed. Meeting adjourned at 8:59 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 9 � 9